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New Jersey Environmental & Toxic Tort Litigation April 11, 2017
Restoration Versus Remediation By Lila Wynne, Esq. Recently, the New Jersey Department of Environmental Protection (NJDEP), its commissioner and the administrator of the New Jersey Spill Compensation Fund sought both damages in the form of..., Private Parties Left Holding the Bag When It Comes to Pre-1977 Contamination By Kevin T. Bright, Esq. The New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11, et seq., provides a comprehensive mechanism for allocating financial..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a...
Florida Health Care Liability April 1, 2017
Prior to 2013, Florida courts applied the standard set forth in Frye v. United States, which provides that new or novel scientific evidence must be generally accepted within the scientific community to be admissible. However, in 2013, the Florida..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Delaware General Liability April 1, 2017
On June 25, 2013, a child slipped and fell on a wet bathroom floor at Alfred I. DuPont Hospital for Children, which, although it is located in Delaware, is owned and operated by a Florida corporation. On July 1, 2015, the child and his guardian..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Appellate Advocacy and Post-Trial Practice April 1, 2017
As always, this wrongful use of civil proceedings and abuse of process case arises from an underlying suit. In the underlying suit, the defendant filed a counterclaim against the plaintiff’s counsel, joining him as a party to the negligence..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Florida General Liability April 1, 2017
The Florida Third District Court of Appeals affirmed the entry of summary judgment by the Circuit Court for Miami-Dade County in favor of a hospital and its housekeeping contractor. The plaintiff alleged she slipped and fell on a slippery foreign..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Florida Employment Law April 1, 2017
Walker worked for a nursing home facility operated by NP Chipola, LLC, and due to her duties of lifting patients through the years, she required shoulder surgery. The employee notified the employer that she would be out for six months for shoulder..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Florida General Liability April 1, 2017
The Fourth District Court of Appeals reversed and remanded a trial court’s entry of summary judgment in favor of the defendant restaurant. The plaintiff alleged that, while swallowing the last bite of his pasta dish served with mussels and..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Federal Employment Law April 1, 2017
In Fry, The United States Supreme Court vacated and remanded a decision that found the plaintiff failed to exhaust the Individuals with Disabilities Educational Act’s (IDEA) procedures prior to filing a lawsuit alleging violations of the..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Amusements, Sports and Recreation Liability April 1, 2017
An exculpatory clause in a membership agreement for a recreational facility, such as a gym, is valid even if the member did not read the agreement before signing it. The court found that the agreement the plaintiff engaged in was a voluntary..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania General Liability April 1, 2017
The defendant college owed the plaintiffs a duty of care in their capacity as intercollegiate athletes engaged in a school-sponsored and supervised sport and was required to have qualified medical personnel to provide adequate treatment in the event..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

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